Summary: We will not investigate this complaint about how the Council dealt with Ms X’s council tax support. That is because it has agreed to issue a letter to Ms X to enable her to appeal to the Valuation Tribunal and pay her £100 for any avoidable frustration caused.

The complaint

1. Ms X complained about the Council’s decision to stop her council tax support. She said her financial circumstances had not changed, therefore, the decision to stop the support was incorrect. She said that meant she had to unnecessarily make a new application for council tax support.
2. Ms X also complained the Council dealt with her challenge to the council tax support decision through its complaint procedure as opposed to the council tax appeals process. That meant she had been put to avoidable time, trouble and frustration in having to pursue her appeal with the Council.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X complained to the Council in March 2022. She said it had sent her a letter, despite her asking for electronic communication as a reasonable adjustment. She also complained about the direct debit linked to her council tax account and about changes to her council tax support.
9. The Council dealt with her concerns through the complaint process. It partially upheld her complaints around the collection of direct debits. It said that following Ms X’s request for electronic communication, it sent her e-bills. It said Ms X would need to make a new council tax support application. It also explained why it has stopped her council tax support.
10. The Council did not deal with her challenge to the council tax support through the appeal procedure. That meant the Council did not issue Ms X a letter allowing her to appeal to the Valuation Tribunal. Following our enquiries, the Council has accepted it should have dealt with Ms X’s council tax support challenge separately to her other complaints. It has sent Ms X a decision letter so that she can appeal the council tax support decision. It has also agreed to pay Ms X £100 for the avoidable time and frustration caused by not considering her challenge through the appeals process.
11. We will not investigate this complaint further as I am satisfied with the actions the Council has agreed to take. Ms X can appeal the council tax support decision to the Valuation Tribunal who is best placed to consider it. I am satisfied the payment of £100 remedies any injustice caused to Ms X by the Council’s handling of the complaint.

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Final decision

12. We will not investigate Ms X’s complaint because I am satisfied with the actions the Council proposes to take.

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Investigator's decision on behalf of the Ombudsman